Okaloosa County BOCC — August 19, 2014 — reading text

purposes and to prescribe, amend, or revoke regulations and restrictions applicable to such areas and buildings and structures thereon and the uses thereof, but no classification, regulations or restrictions shall apply to any portion of the Island then under lease without the consent of the lessee thereof." and "Okaloosa County, notwithstanding the terms and provisions contained in this instrument, hereby expressly reserves trhe right, in its absolute discretion, at any time to annul, waive, change or modify any of the covenants and restrictions herein contained as to any lot, parcel or part of said Island not then under lease and, with the written consent of the majority in number of the lessees of the lots in any area designated by Okaloosa County, as to the lots or parcels in such designated area." It should be noted that in 1992 the Board of County Commissioners adopted a policy whereby leases could be exchanged for titles, and that the term "leasehold" is understood to mean "leasehold title" and "leaseholder" signifies "leaseholder owner", and that "lessee" signifies "lessee owner". Pursuant to this policy, in 1997 the Board of County Commissioners granted titles for the subject properties. The property owner has joined the applicant's request for this determination (see attached Mann letter). The County has received a petition supporting the proposed use from the owners of 5 of the 8 surrounding properties, not including the Azure Condominium. Therefore, pursuant to the above language and consistent with the OILA ARC's recommendation, the prospective buyer is petitioning the Board of County Commissioners to allow the development of a stand-alone putt-putt golf course and associated amenities on the subject properties. It is important to note that this is not a variance as that term is applied in the County Land Development Code (LDC). As applied throughout the County, a variance is granted to relieve a hardship, typically whenever a property owner is being denied a use to which he or she would otherwise be entitled and which is enjoyed by other owners of properties bearing the same zoning. In the instant case, there is no hardship as the applicants have not been denied a use to which other owners of property in the same B-2 area are entitled; rather, they are seeking a property-specific allowance of a use not allowed as a stand-alone activity. It should be noted that, as a use intended for "tourists and vacationists", a mini golf course could be allowed in affiliation with a hotel, motel, or tourist court as described in the Covenants. As shown by the surrounding land use and zoning maps, the subject parcels are surrounded by the following uses: to the north - B-2 area one multi-family (6 unit) building, one duplex, and vacant residential lots to the south - Santa Rosa Blvd, then B-3 area Azure condominium Packet Pg. 6 to the east - B-2 zone - a mixed use commercial/office/residential building then commercial parking lot (Cash's overflow) to the west - B-2 area - vacant land To help mitigate potential negative impacts associated with the proposed golf course, the applicant has stated that only "dark sky" lighting fixtures will be utilized. No alcoholic beverage sales are proposed as part of this use (as also stated in the email withdrawing the game arcade). If the Board of County Commissioners allows the proposed use, the golf course will require the issuance of a development order which will require further review by the OILA ARC and approval by the Board of County Commissioners. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners conduct the public hearing then, after considering the information provided in this staff report as well as any information presented during the course of the public hearing, decide whether or not to allow the proposed mini golf course and associated concession area. Staff has no objection to the proposed use; however, if the Board chooses to allow the use, staff recommends that the Board include as conditions: 1) any lighting used for the golf course, concession area, and any associated on-site parking, pedestrian, landscaping, or vehicular circulation areas be Dark Sky certified; and 2) there be no sale of alcoholic beverages. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 7 Packet Pg. 8 00-2S-24-2185-0002-0170/0180/0190 ANGLER AVE AM B ERJ ACK SUBJECT PROPERTY ANGEL FISH AV E DR SANTA RO SA BLVD Legend Parcel Lines Aerial Photo : Packet Pg. 9 Packet Pg. 10 Packet Pg. 11 Packet Pg. 12 Packet Pg. 13 Packet Pg. 14 Packet Pg. 15 Packet Pg. 16 Packet Pg. 17 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 19, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: MSBU Final Assessment Resolution DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Acceptance of public comments and adoption of the Beach Restoration MSBU Final Assessment Resolution. BACKGROUND: On December 4, 2007, the County adopted Ordinance 07-71 which created the Okaloosa County Beach Restoration Municipal Services Benefit Unit (MSBU). The purpose of the MSBU is to facilitate the imposition of special assessments to partially fund the Beach Restoration Project within the MSBU. As a result of prior action of the Board, the assessment within the Okaloosa Island Subarea has been eliminated and refunds paid. Therefore, this assessment will only be within the Destin Subarea. On July 15, 2014, the Board adopted the Initial Assessment Resolution, which set the preliminary assessment rates, outlined the apportionment method, set the August 19 public hearing, and provided for the required statutory notice. Pursuant to Ordinance 07-71, the Board is required to confirm or repeal the Initial Assessment Resolution, with such amendments the Board deems appropriate, after hearing comments from all interest parties at the public hearing. OPTIONS: Approve or Disapprove RECOMMENDATION: Accept public comments and adopt the Final Assessment Resolution for the Destin Subarea within the Okaloosa County Beach Restoration Project Municipal Service Benefit Unit for Fiscal Year 2014-2015. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 21  OKALOOSA COUNTY, FLORIDA FINAL ASSESSMENT RESOLUTION FOR FISCAL YEAR 2014-2015 FOR THE OKALOOSA COUNTY BEACH RESTORATION PROJECT MUNICIPAL SERVICES BENEFIT UNIT ADOPTED AUGUST 19, 2014 Packet Pg. 22  TABLE OF CONTENTS Page SECTION 1. AUTHORITY ..................................................................................2 SECTION 2. DEFINITIONS ................................................................................3 SECTION 3. CONFIRMATION OF ASSESSMENTS ....................................3 SECTION 4. APPROVAL OF ASSESSMENT ROLL .....................................3 SECTION 5. IMPOSITION OF ASSESSMENTS TO FUND THE BEACH RESTORATION .............................................................3 SECTION 6. ASSESSMENT LIENS .................................................................4 SECTION 7. COLLECTION OF ASSESSMENTS..........................................4 SECTION 8. EFFECT OF RESOLUTION........................................................5 SECTION 9. ASSESSMENT NOTICE..............................................................5 SECTION 10. SEVERABILITY.............................................................................5 SECTION 11. EFFECTIVE DATE .......................................................................5 APPENDICES: APPENDIX A: PROOF OF PUBLICATION APPENDIX B: ASSESSMENT ROLL APPENDIX C: FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL i Packet Pg. 23  RESOLUTION 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF BEACH RESTORATION WITHIN THE DESTIN SUB-ASSESSMENT AREA OF THE BEACH RESTORATION MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING RECITALS, AUTHORITY AND DEFINITIONS; CONFIRMING THE ASSESSMENTS; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS PURSUANT TO THE UNIFORM ASSESSMENT COLLECTION ACT; PROVIDING FOR THE EFFECT OF THIS RESOLUTION; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Okaloosa County, Florida (the “County”) adopted Ordinance 07-71 on December 4, 2007, as amended (the "Ordinance"), to create the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit and to authorize the imposition of special assessments to fund the beach restoration project in the Destin Sub-Assessment Area within the boundaries of the Municipal Services Benefit Unit (the “Assessment”); and WHEREAS, the Board, on J u l y 1 5 , 2014, adopted Resolution No. 14- 119 (the “Initial Assessment Resolution”), containing a brief and general description of the services to be provided to Assessed Property, describing the method of apportioning the costs to compute the Assessment, designating a rate of assessment, and directing preparation of the Assessment Roll and provision of the notice required by the Ordinance; and 1 Packet Pg. 24  WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to confirm or repeal the Initial Rate Resolution, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, notice of a public hearing has been provided, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; the proof of publication being attached hereto as Appendix A; and WHEREAS, a public hearing was held on August 19, 2014, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; and WHEREAS, the Board has deemed it to be in the best interests of the citizens and residents within the Destin Sub-Assessment Area of the MSBU that the Assessments continue to be imposed for the Fiscal Year commencing October 1, 2014. NOW, THEREFORE, BE IT